Brexit

Brexit & the Low Voltage Directive

Assuming there is no extension to Article 50, the United Kingdom is due to “Brexit” (leave the European Union) on 29 March 2019, possibly followed by a two-year transition period up until 31 December 2020.

In June 2018 the UK Parliament passed the European Union (Withdrawal) Act, which ends the primacy of EU law in the UK on the date of the UK’s final withdrawal from the EU. It will transfer existing EU legislation into UK law in one go, after which the UK Parliament will decide over a period of time which parts to keep, change or remove.

It is therefore anticipated that, at least for a “time-limited period”, there will be no changes to the CE marking requirement for electrical/electronic equipment placed on the UK market, as specified by the Low Voltage Directive (LVD). This will be the case even if there is a “hard” Brexit (i.e. the UK leaves the EU without a deal and transition period).

Exports of electrical/electronic equipment from the UK to the EU will still need to comply with the requirements of the LVD (and all other relevant directives).

Since the CE mark is a self-declaration mark, manufacturers can either self-declare or demonstrate compliance with the relevant safety standards by obtaining third-party Test Reports from an accredited test house, such as Nemko Ltd.

For information on UKCA (UK Conformity Assessed) marking which will, subject to parliamentary approval and after a “time-limited period”, be required for products sold in the UK in the event of a “hard” Brexit, please see the following guidance issued by the UK Government on 2 February 2019: